Bhagwan Sahay Gupta S/O Sh. Ramkaran Gupta vs. Union Of INDIA

Facts

The applicant, Bhagwan Sahay Gupta, filed a Criminal Miscellaneous Application under Section 482 Cr.P.C. seeking correction in a previous order passed by the High Court on 04.05.2021. The applicant's counsel contended that a specific phrase, "that petitioner is also having a child," appearing in Line No. 3 of Paragraph No. 8 of the said order, was erroneously included. This phrase was reportedly from a judgment that was referred to, but it was mistakenly typed into the current order. The respondent, Union of India, through the Sr. Intelligence Officer, GST Intelligence Directorate, Jaipur Region Unit, was represented by none.

Held

The Court considered the contentions made by the applicant's counsel and perused the application. The Court found merit in the submission that the phrase "that petitioner is also having a child" was erroneously typed in Paragraph No. 8 of the order dated 04.05.2021. Consequently, the Court ordered that the said phrase shall stand deleted from Line No. 3 of Paragraph No. 8 of the order dated 04.05.2021. The Criminal Miscellaneous Application was allowed, and the order dated 04.05.2021 was modified to this extent. This modified order is to be treated as an integral part of the original order dated 04.05.2021.

Key Issues

1. Whether the phrase "that petitioner is also having a child" was erroneously included in the order dated 04.05.2021, thereby requiring correction under Section 482 Cr.P.C.? The applicant argued that the inclusion of the phrase "that petitioner is also having a child" was a typographical error. This phrase was not relevant to the facts of the case and was mistakenly incorporated from a referred judgment. The applicant sought its deletion to ensure the accuracy of the court's order. The respondent, Union of India, did not present any arguments in this matter.